DR. EDOZIEN VS E.A. AMADI
September 8, 2025MOBIL OIL (NIGERIA) LIMITED VS J.M. JOHNSON
September 8, 2025Legalpedia Citation: (1961-06) Legalpedia 65613 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Apr 6, 1961
Suit Number: SC. 73/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
COMMISSION OF POLICE
RESPONDENTS
AREA(S) OF LAW
CONSTITUTIONAL LAW – SUPREMACY OF THE CONSTITUTION-COMPOSITION OF THE HIGH COURT
SUMMARY OF FACTS
Section 59c of the Northern Region High Court Law permitted the appointment of a Grand Kadi or a Deputy Grand Kadi to sit with High Court judges when the High Court is exercising appellate jurisdiction.
HELD
The court held that the section has been invalidated by the 1960 constitution which defines the composition of the High court of the northern region.
ISSUES
Whether section 59c of the Northern Region High Court Law which allow a grand or deputy grand kadi to sit with High Court Judges when the High Court is exercising appellate jurisdiction is valid under the 1960 constitution .
Whether the Appellate Division of the High Court of northern region is properly and adequately constituted by two or three Judges of the High Court.
RATIONES DECIDENDI
CONSTITUTIONAL SUPREMACY
‘The Constitution establishes a number of special authorities for the exercise of particular functions, and it seems clear on principle that any law which provides for the sharing of those functions with other persons must, unless the Constitution expressly permits it, be regarded as inconsistent with the Constitution.’ Per Brett F.J
‘The Appellate Division of the High Court is properly and adequately constituted of two Judges of the High Court.’ Per Brett F.J
CASES CITED
Eastman Photographic Materials Co. v Comptroller of Patents (1898) A.C. 571, 575
Katikiro of Buganda v Attorney-General (1961) 1 W.L.R. 119, 128
Leeds Industrial Corporation v Slack (1924) A.C. 851
Surtees v Ellison (1829) 7 L.J. (O.S.) K.B. 335, and Watson v. Winch (1916) 1 KB. 688
Attorney-General for Canada v. Attorney-General for Ontario (1937) A.C. 326
STATUTES REFERRED TO
The Nigeria (Constitution) Order in Council, 1960
1954 Constitution
Northern Region High Court (Amendment) Law, 1960 (N.R. No. 14 of 1960)
